11.8 lakh title claims of ‘tribals and forest dwellers’ rejected

The Supreme Court has asked 16 states to implement their own orders rejecting 11.8 lakh claims over forest land by Scheduled Tribes and other traditional forest dwellers (OTFDs) that were found baseless, and passed eviction orders to free lakhs of hectares of forest land.

| TNN | Updated: Feb 22, 2019, 10:16 IST

Highlights

The top court passed eviction orders to free lakhs of hectares of forest land

It asked chief secretaries of 16 states to file affidavits before July 12 explaining why orders for eviction have not been implemented till date

The order came on a PIL challenging the validity of Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

NEW DELHI: The Supreme Court has asked 16 states to implement their own orders rejecting 11.8 lakh claims over forest land by Scheduled Tribes and other traditional forest dwellers (OTFDs) that were found baseless, and passed eviction orders to free lakhs of hectares of forest land.

It is not clear from the state affidavits whether each claim represents an individual or whether an individual could have filed more than one claim, making it difficult to estimate the number of persons or households that have been affected by the court order passed on February 13.

A bench of Justices Arun Mishra, Navin Sinha and Indira Banerjee asked chief secretaries of 16 states to file affidavits before July 12 explaining why orders for eviction have not been implemented till date. The common theme that ran in separate state-wise orders was that “once the orders for eviction have been passed (by the state), the eviction ought to have taken place”.

The problem of encroachments on forest areas and protected sanctuaries has been a vexed one. In some cases, occupants have failed to establish ownership.

Eviction must be carried out on or before July 24, rules SC

The court also asked chief secretaries to give details of claims by STs and OTFDs that were pending adjudication with state authorities.

“In case the eviction orders have attained finality, we direct the concerned authority, including the chief secretary, to ensure that the eviction is carried out on or before the next date of hearing, July 24. In case the eviction is not carried out, as aforesaid, the matter would be viewed seriously by this court,” the bench warned.

In many cases, the forest dwellers have exceeded rightful limits and encroached on forest land or conserved areas, and occupants have been found to be proxies for non-eligible owners. Also, genuine claimants among tribal and forest dwellers have struggled to establish rights of ownership.

The order came on a PIL filed by NGO ‘Wildlife First’ challenging the validity of Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, and accompanying Rules of 2008. However, through the years, the case veered towards settlement of rights of STs and OTFDs and evicting those who encroached beyond hereditary forest land, to protect forest areas from shrinking.

An SC bench headed by Justice Madan B Lokur on April 18 last year had imposed a fine of Rs 50,000 each on Karnataka, Kerala, UP, MP, Assam, Odisha, Andhra Pradesh and Telangana for not filing their affidavits despite several opportunities. “We are imposing costs since the matter pertains to tribal rights and therefore the state should take the matter somewhat more seriously than what they have been doing,” it had said.

After this order, the states filed affidavits detailing the adjudication of forest right claims by STs and OTFDs. Andhra Pradesh said 1.14 lakh acres of land was encroached upon in the state and that it had rejected 66,351 claims and ordered eviction, but not a single order has been complied with.

All Comments ()+^ Back to Top

Characters Remaining: 3000

Continue without login

or

Login from existing account

FacebookGoogleEmail

Share on FacebookShare on Twitter

Refrain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks, name calling or inciting hatred against any community. Help us delete comments that do not follow these guidelines by marking them offensive. Let's work together to keep the conversation civil.